Only Two years in prison for group rape in Torrevieja and the suspension of the execution of the sentence for three years on the condition that he does not commit a crime again. This is the decision contained in the decision of the Seventh Circuit Court of Appeals. Provincial CourtIt is about a group sexual assault reported in September 2022 by an 18-year-old Nordic tourist based in Elche. His complaint led to the arrest of four young men, aged between 19 and 22, by the Civil Guard. Two of them did not appear at the hearing when the lawsuit was filed on the grounds that they did not prove that they participated in the events, and the other two were referred to the court. 12 years of initial demand However, at the oral hearing, a compliance agreement was reached between the Prosecutor’s Office and the defenses; one of them was used by the defense. lawyer José Soler Martin. The two 21-year-old defendants pleaded guilty and the Public Ministry Request reduced to two years Prison sentence for each defendant, taking into account the existence of a highly qualified mitigating circumstance of the confession.
In addition to the two-year prison sentence, the defendants Get closer than 500 meters He cannot contact the victim or the victim in any way for a period longer than five years from the duration of the imposed prison sentence. The court also accepted the measure of probation for five years, agreeing to pay the victim 120 euros in compensation for the injuries he suffered during the sexual assault and that each person must pay this compensation. 10,000 euros for non-pecuniary damage caused.
The two defendants were in preventive detention at the hearing last October and were both released after agreeing to suspend the execution of the sentence for three years. not to commit another crime during the said period and that they paid 4,000 Euros of the compensation determined by the first delivery, and the remainder in monthly payments of 500 Euros.
Thanks to the controversial “yes means yes” law, the agreement reached between the defense and the prosecution was more beneficial for the defendants. Because with the previous law, it would never have been possible to reduce the sentence below two years and six years. As judicial sources close to the process explained to this newspaper, they were sentenced to months in prison.
night out
The events declared to be proven in the court’s decision occurred between the night of September 7 and the morning of September 8. An 18-year-old Scandinavian tourist went to a party with a friend in Torrevieja and drinking “an undetermined amount of alcohol” Until, around eleven o’clock at night, he was left alone in a disco bar in Torrevieja marina.
During the night, he adds the verdict: The young woman is confused He did not remember very well how he got to the house in Calle del Mar where the defendants were staying. On arrival at the said house, the two accused agreed and in a lustful spirit took advantage of the fact that the young woman was in a high state. inebriation for penetrate her vaginally.
For this purpose, they entered the room where the victim was one by one and committed the sexual assault while the defendants were talking. They caught him by the arms.
Young women tried to resist However, as stated in the sentence, he could not prevent the rape due to “the force used by the defendants”. The young woman was treated the next day at Torrevieja University Hospital for minor injuries.
It was decided to file a lawsuit against the two convicted young people and the other two people involved in the case, upon the request of their prosecutors. defense lawyer José Luis Sánchez Calvo, They were also on holiday in Torrevieja and resided in France. Following this file, lawyer José Luis Sánchez Calvo announced that he would make a presentation. property claim He applied to the State to pay compensation to one of his clients for the nine months he spent in prison.
One of the two people who was acquitted in the case was arrested as an accomplice because he did not help the victim despite being at home, and the other had sexual intercourse with her consent. Following these relationships, the now-convicted men entered the room and sexually assaulted her, despite her refusal.